Nevada Statewide Rule
Nevada Warranty of Habitability
Key Facts
- Core duty
- Maintain habitable condition (NRS 118A.290)
- Repair-and-deduct
- Allowed after 14 days' written notice (NRS 118A.360)
- Essential services
- Tenant remedies for failure of heat/water/power (NRS 118A.380)
- Covered items
- Plumbing, heating, electrical, weatherproofing, water
Summary
NRS 118A.290 requires Nevada landlords to keep rentals habitable: sound structure, weatherproofing, working plumbing, heating, electrical, and a safe water supply. NRS 118A.360 lets tenants repair-and-deduct after written notice, and NRS 118A.380 lets tenants act when essential services such as heat, water, or electricity fail.
Habitability of dwelling unit; prohibition against fees or other charges for performance of repairs, maintenance tasks or other work that is duty of landlord. 1. The landlord shall at all times during the tenancy maintain the dwelling unit in a habitable condition. A dwelling unit is not habitable if it violates provisions of housing or health codes concerning the health, safety, sanitation or fitness for habitation of the dwelling unit or if it substantially lacks: (a) Effective waterproofing and weather protection of the roof and exterior walls, including windows and doors. (b) Plumbing facilities which conformed to applicable law when installed and which are maintained in good working order. (c) A water supply approved under applicable law, which is: (1) Under the control of the tenant or landlord and is capable of producing hot and cold running water; (2) Furnished to appropriate fixtures; and (3) Connected to a sewage disposal system approved under applicable law and maintained in good working order to the extent that the system can be controlled by the landlord.
Full Breakdown
NRS 118A.290 obligates the landlord to maintain the dwelling in 'a habitable condition,' including effective weatherproofing, working plumbing and a water supply approved under applicable law, adequate heating, electrical lighting and wiring, clean and safe common areas, appropriate trash receptacles, and floors, walls, and structural components kept in good repair. If a landlord fails to maintain habitability, NRS 118A.360 permits a tenant, after giving written notice and allowing 14 days, to repair the condition and deduct the cost, or to terminate. When the landlord deliberately or negligently fails to supply an essential service such as heat, running water, hot water, electricity, gas, or a working lock, NRS 118A.380 lets the tenant procure the service and deduct the cost, recover damages, or obtain comparable housing.
Violations & Penalties
No specific statutory penalty. Tenants may repair-and-deduct, withhold or recover damages, procure substitute essential services, or terminate the tenancy; courts may award actual damages and, for essential-service failures, additional remedies under NRS 118A.380.
Frequently Asked Questions
What must a Nevada landlord maintain under habitability law?
Can a Nevada tenant repair and deduct?
Sources
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